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HomeMy WebLinkAbout1977-10-05 Council Minutes1 A (I P N 1) A KPNAI Crry vfjvN(•11. P111ts1.411 )1 RTIN(i ()(:,1"(11•1111 5. 1:177 - 8:110 1',41, KI:NAI Pt4sl.ltl ):APPTY IWILDIN(I PI.I:Dmr OF AI.LEWAN(T A. 1101A. CALL AGENDA APPROVAL CANVAM fill RALIA)TH OATH OF 01'Plep R- PUDLIC ID'AM40.4 1. (Irdinanca 354 77, 11ot"ll"1tott of wntrr lino in (ir•nerol Avbtilon Apron 2. Ordinonee 358-77, Aau•nding the 1970 I(ent.1 xlutelaipnl Alrjeort Pef(ulntiona 3. Ordlhance 359-77, Dbsclonure of Flnanebd anti Buainmm (ntt-renln 4. Ordinance 300.77, Cnpitnt PrOPet Fund rutltlod "Fire Rerw.rvolr" C, PF.RSONf, PItESI:N'1' RCIUM11111) TO RP HEARD I. Air, kale Anders, Polar A1rimya 2. 11Tr..tohn Araonoult 3. 1) . 411NDTFS I. Rlinutem of the regular merding of Reptrm+br-r 21. 1077 2. btinufcr, of the rpnrlot rnroting of giptrmhr•r 27, 1977 2, Atinutoa of they rpeefal meeting of St-ptembor 29, 1977 V. CORRF.RPONDINC11 1. Later of Roall(natfun/11r", Diann Lurn!stroM(Planning a Zoning Cosn nffosinn) 2, lAter of itrsfimation/sIm. 11my tureen (Caudell mi Affing) 2. F. OLD RUNINI RR f. Natainntlotns - Kenai Planning a Y.onlnl( Cemmhrslou 2. Trailer homes in Karol ttenidetttie) Aran (server Leap) 3, Alutunt Aid Agreement 4• !sine of Airport (:nfr i Lounge O, tJF,W IfIJSINP.SS � 1. RHIa to be paid, bills to be ratified e 2. Ordinnnee 395-77. Amending the 1910 Kcnni 51unicipnl Airport Reindatirns 2. Ordin;,r►ce 250-77, Operatlnf motor vehielon of, walkways, sl4rvrntka a b•nHx 4. lit-solulintr 77-124. Amrmtiing Hen, 77-121, additional Tororinni !.sating units 5. Rer:olutlort 27-125. Awarding bid for pipe: arch and eulvcrin 6. Rtmoluffon 77-120. Chttnye Order 10-IN, i 7. Resolution 77-127. Awarding contract fey Pedi 114a.•irfc/City fSimot Lights 9. Resolution 77-128, Transfer of fundv - State Street Liphting At;roelnent 9. Rcrolutlon 77-120. Trannfer of Funds - remalrling of City offir:es 10, Resolution 77-130. TramAr-r of Funds - itelocation eteptnnea for Public works Mr. R- Resolution 77-131. Tronrifrr efFunds - Rentals 12- Reaolutfen 77-132. Transfer of Funds - Purchase of htmdphones 12, Resolution 77-133. Pavinto t, inttsllofion of drainnpo on Redoubt way 14. Resolution 77-134. Accepting front funds - paving of Afmml Drive IS. Resolution 77-125, Accepting grant funds - installing wst4r/nt•wer ltneo 10, Resolution 77-130, Accepting front funds - paving/drainage - Pe.doubt Way V. Resolution 77-137, Award of front - Purninhinf and laying, asphalt 18. Change Order 9-IN. Interr,UdUt Company P Y - FDA slater Project 07.01•01ee4 19. Payment to C11231 hill, Pnellitfes Plan 20, Leone of Airport (.ands or Foc(lltim; - I,ovets Sports Center 21. Anslpnment of U-onc - Ray rreson ". Appointment to Borough Aatw•mbly 21, Pnysn mt to CI(Z, I lltil - 1/1 Study 24. kevlut:on 77-128. Acceptinf grant funds for uparadlra City musts 1f. NF.PD1tTS 1. City Mmage:rta Report 427 2. City Alcorn iyta Rcpart 3, ffayor'a (sport 4. City CIerk'o ftgmri 5. Finance 0irm-lor's Roport 6. Planning a Zoning Comm1wil+m'n Rr-pnrt 7, yonni Pvnirmulo Iiarteugh be:aar'JdY'rt Rryort 1. PKR5OM; PRI:SP.'JT NM' SCIMMILPD To lip IIPARt) Al)AOVINSIFN9' • I I ti� I 4 �� I 1.. ♦ afyiy[trALQ.. --i,• I I. I�l / � " .... .... _.. ._i. i • a.[ � _ - - - - - ._ _ __ - — - ___ �TTra- _ r--{f.'J-'» 4. _- . �_ .11n>*.— I KENAI CITY COUNCIL. - REGULAR MEETING OCTOBER 5, 1077 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING i PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Tom Ackerly, Ed Ambarian, Betty Glick, Walter Sweet, Dan Whelan and James Elson Absent: Richard Morgan AGENDA APPROVAL i - The following items were added to the agenda: • I P-4: Lease of Airport Lounge and Cafe 0-24: Resolution 77-138 - Accepting grant funds from RDA CANVASS OF BALLOTS Mayor Elson instructed the Clerk to prepare for canvassing of ballots, " Clerk Sue Peter ascertained that all challenged and absentee ballots were p verified and could, therefore, be opened and counted, The following were October 4, 1977: , the official results of the regular City election of Mayor - three year term James A. Elson 201 Vincent O'Reilly 436 ! - - City Council - two three year terms - Edward Ambarian 293 , — Neal Hayes 255 Joan Konzek 224 Ronald Malston 459 t Borough Assembly - three year term V Carl L. Hills 478 Proposition i Yes 201 I ` No 444 Proposition 11 Yes 171 No 532 Spoiled Ballots: 5 Challenged Ballots: 9 Absentee Ballots 13 Total Ballots Cast: 7l0 i 1 OCTOBER 5, 1077 Pegs 2 PRESENTATION On behalf of the City Council membern, Councilman Ambnrinn presented out -going Mayer tames Elam with n gift and expressed the grntitudo of the Council and the citizens for his outstanding nervieo to the City, OATH OIL OFFICE Clark Suo Potor administered the Onth of ofHve to Vincent O'Reillly, Edward Ambarin and Tien Malston, all of whom would be morving three year terms on Council. Mayor O'Reilly also expressed appreointion for out -going Mayor Floon's outstanding achiovomonta and service it) the community. B. PUBLIC HEARINGS 8-is Ordinance 354-77 - Installation of water line in General Aviation Apron Mayor ©'Reilly read Ordinance SW 77 by title only as copies were distributed to the public prior to the meeting, "An ordinance of the Council of the City of Kenai finding that the installation of a water line in the General Aviation F, Apron of the Kenai Municipal Airport is necessary and will benefit the lessees affected and directing that the City proceed with construction of the improvement." City Manager Wiso advised Council that this ordinance had been tabled at the request of Mr. Edward Garnett, attorney for two losseos Involved and who would be bearing over 50% of the total cost of the improvement, Mr. Garnett's clients had objected to the formation of the improvement district and were going to discuss other alternatives with Administration. Mayor O'Reilly opened the hearing to the public. There was no public comment, MOTION; Councilman Ambarian moved, soeonded by Councilman Sweet, for adoption of Ordinance 354-77, installation of water lino in General Aviation Apron, City Attorney Williams advised Council that the ordinance would have to be defeated as objections wore submitted from those persons bearing over 50% of the cost of the improvement. QUESTION,, Motion failed by roil Bali vote with Mayor O'Reilly abstaining. City Attorney advised that it would take consent of Council for Msiyor O'Reilly to abstain on all questions, Mayor O'Reilly requested Council consideration as he stated he folt that he had not had adequate time to review and study all matters bcforo Council. Council unanimously concurred with Mayer O'Reilly's request for abstention on each question. I G -11 r) z i® OC7.'0DBR 3, 1977 Pago 3 B-2s Ordinance 308-77 - Amondina the 1076 Kenai Municipal Airport Regulations Mayor O'Reilly rend Ordinance 303-77 by title only, "An ordinanoo of the Council of the City of Kenai, Alaska amending the 1070 Kenai Municipal Airport Regulations," Mr. Wise advised that he had received verbal approval from the FAA and the FAA did state that a letter would be forthcoming, Mr. Wise further reported that the ordinance would afloat commercial aircraft using the Kenai Airport for a training area and would be required to pay landing fees on tako-off weight of 4,000 pounds and over, Mayor O'Reilly opened the hearing to the public. Where was no public comment. MOTION*, Councilman Ambarian moved seconded by Councilman Sweet, for adoption of Ordinance 358-77, amending the 1070 Kenai Municipal Airport Regulations. Motion passed unanimously by roll call veto with Mayor O'Reilly abstaining, 11-3s Ordinance $59-77 - Disclosure of Financial k Business Interests Mayor O'Reilly road Ordinance 359-77 by title only, "An ordinance of the Council of the City of Kenai requiring disclosure of financial and business interests of municipal officers and prohibiting activities determined to be in conflict with municipal interests." City Attorney Williams advised that this ordinance had been prepared at the request of Councilman Whelan to allow the City to regulate themselves with regard to disclosure of municipal officers, City Attorney Williams further stated that a filing under this ordinance would not be necessary if a State filing were required, Councilman Whalen stated that he favored passage of the ordinance as it now includes the City Attorney, City Clerk and Department Heads, Mayor O'Reilly opened the hearing to the public, There was no public input, MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, for adoption of Ordinance 359-77, disclosure of financial and business interests, as amended, Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining, 8.4s Ordinanoo 300-77 - Capital ProJeot entitled "Fire Reservoir" Mayor O'Reilly read Ordinance $60-77 by title only. "An ordinance of the council of the City of Kenai establishing a capital project fund entitled "Fire Reservoir" and increasing estimated revenues and appropriations in the amount of $1,439,700," 1 w 6 10 p i ? p A OCTOBER 6, 1977 Page 4 Mayor O'Reilly opened the hearing to the public. There was no public input. MOTION: Councilman Ackorly moved, seconded by Councilman Ambarian, for adoption of Ordinance 300-77, ostablishing a capital project fund entitled "Piro Reservoir" and increasing estimated revenues and appropriatione in the amount of $1, 430, 790 . Motion passed unanimously by roll call veto with Mayor O'Reilly abstaining. C . PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Mr. Bob Anders - Polar Airways Mr. Anders came before Council to amend his lease application for space in the Airport Terminal Building -- Polar's first choice would now be in the extreme southwest corner of the building bay, closest to the flight line, one half of that particular bay and the extreme northwest office in the building. Their second choice would be the three offices in the extreme northwest corner of the building. Mr. Anders further advised that a decision with regard to Polar's application for air transportation service between Anchorage and Kenai should be forth- coming. Mr. Wire stated that Polar's second choice was in the area that the City offices would be occupying the first of November. Mr. Wise further advised that Polar was requesting approval of concept only. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for approval Of concept of Polar Airlines amended lease application as described in the letter dated September 29, 1977 from James S . Fisher representing Polar Airlines, Motion Passed unanimously by roll call vote with Mayor O'Reilly abstaining, t?1 C-2: Mr. John Arsenault - Accident Investigation Policy r Mr. Arsenault came before Council requesting reconsideration of the Kenai Police Department Accident Investigation Policy in which accidents Of motor vehicles incurring less than $200 in damages will not be invostigated by the Police Department. Mr, Arsenault reported that his wife had been involved in a motor vehicle accident and when the police arrived on the scene, they estimated damages to be less than $200, Mr. Arsenault had received three estimates from local repair shops over$200. Mr. Arsenault stated that since he could all verify that the other party had been at fault, the insurance companies were refusing to reimburse his costs for repair, Mr. Arsenault stated that he felt the Police should be required to make investigations which would result in Considerable savings to the tax payer. Mr. Arsenault also stated that he felt the Police officers were not qualified to make estimates. I6 'OCTOBER 5, 1077 Page 5 Mr. Wise advised that the Police Chief had approached him on the subject as accident investigation was taking considerable time when the officers were diroly needed in other areas. Also, other police departments in the State had minimum requirements (Anchorage - $1,000) . Mr. Wise stated that after the work session on the policy setting, two complaints were received from citizens with regard to the matter. Councilman Sweet stated that he would like to receive comparison figures on last year's figures vs. this year figures on accident investigations. MOTION: Councilman Sweet moved. seconded by Councilman Whelan, that the matter of accident investigation policy be tabled until the first meeting in November allowing Administration sufficient time in which to compile frequency of accident comparison data, etc. Councilman Ambarian stated that the matter had been discussed and policy resolved at a prior work session. Councilman Whelan stated that perhaps it would be beneficial to allow the new members of Council sufficient time to review the facts of the request. QUESTION: Motion failed by tie vote. Voting yes; Malston, Sweet, Whelan. Voting no; Ackerly. Ambarian and Glick. Mayor O'Reilly abstaining. D. MINUTES D-1: Minutes of the regular meeting of September 21, 1977 City Attorney Williams requested that the minutes be amended to read on page 2 that ........50% of the total cost..... rather than 60%. f Minutes were approved as corrected. D-2., Minutes of the special meeting of September 27, 1077 ' 3 Minutes were approved as distributed. D-3: Minutes of the special meeting of September 28, 1977 Minutes were approved as distributed. --1 E. CORRESPONDENCE �_= E-1: Letter of Resignation Mayor O'Reilly acknowledged receipt of a letter of resignation from Mrs. Diana Lundstrom from the Kenai Advisory Planning a Zoning Commission. Mayor O'Reilly stated that new members would be appointed at the next regular meeting and requested nominations. r .. .. >,a , � --��-1=. _ - tee._ -•-'-�^'^--• ., • ' OCTOBER 6, 1977 Page 8 Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, to amend the lease under Payment (a) .......Such base payment shall be made in advance on or before the 1st day of each month." Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. IMOTION: Councilman Sweet moved, seconded by Councilman Whelan, that the lease be further amended under Payment (e) a definition of gross receipts; - "Gross receipts means the total amount collected by Lessee on sales or services of all types made or conducted by Lessee in its food and cocktail service or on any sublease made on the Also, to include in lease that such lease shall be signed by October 11, 1977 by Lessee. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. 0. NEW BUSINESS -_- - Q-1: Bills to be paid - bills to be ratified MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for approval of bills to be paid and those items for ratification as listed by the Finance Department dated October 5, 1977. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. (i-2: Ordinance 366-77 - Amending 1976 Kenai Municipal Airport Regulations Mayor O'Reilly read Ordinance 365-77 by title only. "An ordinance Of the Council of the City of Kenai amending the 1976 Kenai Municipal Airport Regulations. Mr. Wise advised that this ordinance would provide for a $2/day transient — parking fee. MOTION. - Councilman Sweet moved, seconded by Councilman Ambarian, for introduction of ordinance 30-77, amending the 1976 Kenai Municipal Airport Regulations. r A -- OCTOBER S, 1977 page 7 Mr. Eitel, ACI, advised that his company would be spending a minimum of $1,200 on advertising the first year. Councilman Whelan, with approval of second, withdrew his motion. MOTION: Councilman Ackerly moved, seconded by Councilman Ambarian, for approval of lease of Airport Terminal Space (Rooms 1, 2, 3, 4, S, and 8) to Aviation Consultants, Inc.for a term of nine years, nine, months. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, to amend the motion to state that lessee shall spend not less than $100/month on advertising in some public media. Councilman Sweet stated that he would vote against the motion as it should be up to the individuals operating the business to know what amount would be in their best interest. Councilman Malston stated that he too would like to see the motion amended to request a minimum amount of advertising on a weekly or monthly basis. MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, to amend his motion to delete the $100/per month reference and to state that lessee shall advertise its food service and cocktail lounge operation at least twice each month in some public media. QUESTION - AMENDMENT TO THE AMENDMENT Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. QUESTION - AMENDMENT AS AMENDED Passed unanimously by roll call vote with Mayor O'Reilly abstaining. MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, to Include in the lease that the City will vacate their present premises (Rooms 1, 2, and3) by 8: 00 a.m. , October 31, 1977. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, to further amend the lease under paragraph (f) to include ....."if due to fraudulent conduct on the part of the Lessee, as a breach of this lease entitling City to damages and immediate termination of this lease, or in all cases of discrepancy, City may accept the additional amount owed with 8% interest and 10% penalty, and this lease shall remain in full force and effect." tv yrrr�:a._ 4 r OCTOBER G, 1077 Page a E-2: Letter of Resignation Mayor O'Reilly read the letter of rosignation of Mrs. Betty Warren in which Mrs. Warren resigned her position as President of the Mayor's Council on Aging. City Clark Suo Peter was instructed to contact the Council and determine number of replacement appointments needed and if it were Mrs. Warren's intent to resign just her office or from the Council itself. F. OLD BUSINESS F-l: Nominations - Kenai Planning a Zoninff Commission -- With Council concurrence, Mayor O'Reilly moved this atom to 11-3 on the agenda to be covered under his report. F-2: Trailer homes in Rural Residential Area (Seaver Loop) Mr. Wise reported that he has investigated City and Borough records and has not boon able to locate specific materials on the subject of trailers being moved onto Mr. Stock's property. Council directed Administration to continuo investigating the matter and report back to '} Council. F-3: Mutual Aid Aareement Mr. Wise advised that Administration had Incorporated the amendments requested by Council into tho Mutual Aid A greemont. :. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to table the matter of the Mutual Aid Agreement until the work session to be held Wednesday, October 12th. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. F-4: Lease of Airport Terminal Space - Aviation Consultants, Inc. Discussion followed on the lease as submitted for the Airport Terminal -_- — Lounge and Cafe to Aviation Consultants, Inc. Councilman Whelan _-_- requested that the Finance Director review all leases prior to pre- J _ ^ sentation to Council. � � MOTION: Councilman Whelan moved, seconded by Councilman Sweet, that the lease be amended to include that the lessee must advertise in a public media no less than twice a month. i Il I k� F;. OCTOBER 5, 1977 Page 8 -� Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. G-3: Ordinance 360-77 - Operating Motor vehicles on walkways, sidewalks a trails Mayor O'Reilly read Ordinance 366-77 by title only. "An ordinance of the of the Council of the City of Kenai amending the Code of the City of Kenai to provide penalties for operation of motor vehicles on walkways within the City of Kenai," City Attorney Williams advised that this ordinance arose out of a problem in Redoubt SID as motorized vehicles are continuing to use the walkways, etc. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for introduction of Ordinance 366-77, operating motor vehicles on walkways, sidewalks a trails. Motion failed by tie vote. Voting yes; Ackerly, Malston and Whelan. Voting no; Ambarian, Glick and Sweet. Abstaining; Mayor O'Reilly. a-4: Resolution 77-124 - Amending Resolution 77-121, Terminal Seating Units Mayor O'Reilly read Resolution 77-124 by title only. "A resolution of the Council of the City of Kenai amending Resolution 77-121 to include the pur- chase of three additional seating units for the Kenai Municipal Airport Lobby." MOTION: Councilman Ambartan moved, seconded by Councilwoman Glick, for adoption of Resolution 77-124, amending Resolution 77-121 to include the purchase of three additional Airport lobby seating units in the amount of $630. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. O-5: Resolution 77-125 - awarding bid for pipe arch and culverts Mayor O'Reilly read Resolution 77-125 by title only. "A resolution of the Council of the City of Kenai awarding bid for pipe arch and culverts." MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for adoptionof Resolution 77-126, awarding bid for pipe arch and culverts to ARMCO Steel Corporation for a total of $3, 077.02 . Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. I Q 'OCTOBER 5, 1977 Page 10 G-8: Resolution 77-126 - Chanffe order 10-IN MOTION: Mayor O'Reilly read Resolution 77-126 by title only. "Be it resolved that the following transfer of monies be made within the Capital Project Fund entitled Kenai Water Project No. 07-01-01684 as established by Ordinance No. 322-76, for the purpose of transferring funds in the amount of $1, 050 for Change order No. 10. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan for adoption of Resolution 77-126, transferring $1,980 for Change Order No. 10 Kenai Water Project 07-01-01884. Councilman Sweet stated that he would vote against the motion as he was opposed to the continual change orders the Council is presented. Motion passed by roll call vote. Voting yes; Ackerly, Ambarian, Glick, Malston, and Whelan. Voting no; Sweet. Abstaining; O'Reilly. ti-7: Resolution 77-127 - Awardinx contract to Redi Electric/City Street Lights Mayor O'Reilly read Resolution 77-127 by title only. A resolution of the Council authorizing a contract between the City of Kenai and Redt Electric for repairs and maintenance of the City street lights.' Councilman Ambarian stated that he believed the figures were too high as presented. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, to table Resolution 77-127 until the next meeting of Council. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. Q-8: Resolution 77-128 - Transfer of Funds - State Street lischting Agreement Mayor O'Reilly read Resolution 77-128 by title only. "Be it resolved that the following transfers of monies be made within the 1977-78 General Fund Budget in the amount of $12,000 to maintain the State Street Lighting Agreement." MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, to table Resolution 77-128 until the next regular Council meeting. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. r f � . J I I OCTOBER 5, 1077 Page 11 1 G-9: Resolution 77-120 - Transfer of funds - remodeling of City offices Mayor O'Reilly road Resolution 77-129 by title only. "Be it resolved that the following transfers of monies be made with the 1977-78 Airport Terminal Fund Budget in the amount of 91, 070 to complete remodeling of the City offices. MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, for adoption of Resolution 77-129, transfer of funds in the amount of $1,070 for remodeling of City offices. Motion passed by roll call vote with Councilman Whelan voting against the motion and Mayor O'Reilly abstaining. 0-10: Resolution 77-130 - Transfer of funds - Relocation expenses for Public Works Dir. Mayor O'Reilly road Resolution 77-130 by title only. "Be it resolved that the following transfer of funds be made within the 1977-78 General Fund Budget in tho amount of $2,800 to cover rolocation expenses for the Public Works Director." MOTION" Councilman Sweet moved, seconded by Councilman Ackerly, for adoption of Resolution 77-130 in the amount of $2,800 for relocation expenses for the Public Works Director. Finance Director Ross Kinney suggested that the Council stipulate that the City pay only the actual moving bills as presented rather than make disburse- ment to the employee. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the figure be amended from $2,800 to $1,500. Councilman Sweet stated he would vote against the amendment as moving costs } were very high and $1,500 would not be adequate. QUESTION - AMENDMENT Failed by Roll call vote. Voting no; Glick, Malston, Sweet, and Whelan. Voting yes; Ackerly and Ambarian. Mayor O'Reilly abstaining. QUESTION - MAIN _ Passed by roll call vote. Voting yes; Glick,Malston, Sweet, and Whelan. Voting no; Ambarian and Ackerly. Abstaining; O'Reilly. s r � i � // I u M I-. r a. r- r e �_ as, "—_ _-s=b--�xs-�.--�- "��.."t'�^'•" - 0.,1.- `Yal�+ OCTOBER b, 1977 Page 12 G-11: Resolution 77-131, Transfer of funds - rentals Mayor O'Reilly read Resolution 77-131 by title only. " BE it resolved that the following transfers of monies be made within the 1977-78 Airport Terminal Fund in the amount of $85 for the purpose of covering costs of renting a crane for removal of a light polo." MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, for adoption of Resolution 77-131 transferring funds for the purpose of covering costs in the amount of $65 to rent a crane. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. G-12: Resolution 77-132, transfer of funds - purchase of headphones Mayor O'Reilly read Resolution 77-132 by title only. "Be it resolved that the following transfer of monies be made within the 1977-79 Airport Land System Budget in the amount of $390 for the purchase of headphones." Mr. wise advised that a former employee of the City had ordered the headphones without obtaining a purchase requisition and approval from his Department Head and the Finance Director. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Resolution 77-132, transfer of funds in the amount of $390 for purchase of headphones. Motion failed by tie vote. Voting no; Ackerly, Malston, and Whelan. Voting yes; Ambarian, Glick and Sweet. Abstaining; O'Reilly. G-13: Resolution 77-133, Paving a installation of drainage on Redoubt Way Mayor O'Reilly read Resolution 77-133 by title only. "A resolution of the Council of the City of Kenai authorizing receipt of bids for, paving and installation of drainage on Redoubt Way, Paving of Airport Drive and Loop and improvement of various local roads." MOION: Councilman Sweet moved, seconded by Councilman Ackerly, for adoption of Resolution 77-133, paving/drainage on Redoubt Way, paving of Airport Loop and other local roads, Motion passed unanimously by roll call vote. Abstaining; Mayor O'Reilly. I I I- i I E J A f OCTOBER 5, 1977 Page 13 0-14: Resolution 77-134, Accepting grant funds - paving of Airport Drive Mayor O'Reilly road Resolution 77-134 by title only. " A resolution of the Council accepting grant funds in the amount of $50,000 from the Economic Development Administration as authorized by the Focal Public Works Act for the purpose of paving of airport Drrve and Loop including drainage." MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Resolution 77-134, Accepting grant funds in the amount of $50, 000 for paving of Airport Drive and Loop. Motion passed unanimously by roll call vote. Mayor O'Reilly Abstaining. G-15: Resolution 77-135, Accepting grant funds - installing water/sower lines Mayor O'Reilly road Resolution 77-135 by title only. "A resolution of the Council of the City of Kenai accepting grant funds in the amount of $115,000 from the Economic Development Administration as authorized by the Local Public Works Act for the purpose of installing water lines at the Airport and a sower line, McCollum Drive. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for adoption of Resolution 77-135, accepting grant funds in the amount of $115, 000 for the installation of water lines at the Airport and a sower lino on McCollum Drive. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. 0-18; Resolution 77-130 - accepting grant funds - paving/drainage of Redoubt Way Mayor O'Reilly read Resolution 77-130 by title only. "A resolution of the Council _ of the City of Kenai accepting grant funds in the amount of $20, 000 from the Economic Development Administration as authorized by the Local Public Works Act for the purpose of paving and installing drainage on Redoubt Way." MOTION: t Councilman Sweet moved, seconded by Councilman Whelan, for adoption of Resolution 77-136 accepting grant funds in the amount of $20, 000 for paving and installing drainage on Redoubt Way. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. 0-17: Resolution 77-137, award'of rant - furnishing and laying asphalt _ Mayor O'Reilly read Resolution 77-137 by title only. "A resolution of the Council of the City of Kenai awarding a contract for furnishing and laying of asphalt at specified locations." i 1 I I I r� I N I m r;•,v vo OCTOBER 5, 107'1 Page 14 MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Resolution 77-137, awarding contract for furnishing and laying of asphalt. Mr. Wiso advised that the project would cost the City approximately $3, 000. Motion passed by roll call vote with Councilman Ackerly voting against the motion and Mayor O'Reilly abstaining. RECONSIDERATION Councilman Malston moved, secondod by Councilwoman Glick, for immediate reconsideration of Resolution 77-137. Councilman Malston stated that he had just completed asphalt work at his place of business in Soldotna and the costs had been fl/sq. ft. rather than the $1.25/sq. ft. as quoted to the City. Counoilman Ambarian stated that he too felt the price was too high but reminded Council that the work was direly nooded . QUESTION: Motion failed by do vote. Voting yes; Ambarian, Glick and Malston. Voting not Ackerly, Sweet and Whelan. Abstainingt Mayor O'Reilly 0-18: Chantro Order 9-IN, Interstate Company - RDA Water Project 07-01-01084 MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for approval of Chango Order 9-IN, Interstate Company, Kenai Water Project 07-01-01084 in the amount of $750. Councilman Sweet stated that this Chango Order was another example of poor prior planning on the part of the engineering firm and would, therefore, vote against the motion. QUESTION: Motion passed by roll call vote. Voting yes; Ackerly, Ambarian, Malston, and Whelan. Voting no; Glick and Sweet. Abstainingt O'Reilly 0-10: Payment to CH2M Hill - Facilities Plan 1 - MOTION: Councilman Sweat moved, seconded by Councilman Ackerly, for approval of payment in the amount of $2,248.57 to CH2M Hill for services through August 24 in --_ t connection with Facilities Plan. Councilman Ambarian questioned charges on both billings submitted by CH2M Hill and requested Administration clarification on several items. a' i ' ' �.:-; r��c-,_�, q��.,.�,., , • ., a �..,. ., „ OCTOBEIR 5, 1077 Page 15 ' QUEBTION: Motion failed by roll call rote. Voting no; Ambarion, Sweet and Whelan. Voting yes; Ackorly and (click. Abstaining; Malston and O'Reilly. t t 0-201 Loose of Airport Lnnds or FaeiliticK - Leyo's Sports Center MOTIONS Councilman Sweet moved, seconded by Councilmn Whelan, for approval of lease of Lots 1, 2, and 3, Alock 4, Fidalgo Subdivision, to Love's Sports Center, for a term of 55 years at an annual rental of $2, 354 , 46. Motion passed unanimously by roll call vote. 0-211 Aesignmont of Lease - Ray Cason I. MOTIONS Councilman Sweet moved , seconded by Councilman Whelan, for approval of Assignmont of Lease to Ray Cason for the cast one-half of Lot 2, Block 1, Gusty Subdivision. Motion passed unanimously by roll call vote. 1 0-22: Appointment to Borough Assembly 's I Mayor O'Reilly advised that this item would come up under the Mayor's Report and at which time both a representative to the Assembly and the Vice Mayor would be selected. 0-23: Payment to CH2M Hill - I/1 Study MOTION: Councilman Sweet moved, seconded by Councilman Aekerly, for approval of payment to CH2M Hill in the amount of $1,150.21 for professional services and G expensces rendered for the period through August 24 on the I/I Study. i Motion failed by tie veto. Voting no; Ambarian; Malstott and Whelan. Voting yes; Ackerly, Glick and Sweet. Abstaining; O'Reilly fi 0-24s Resolution 77-139 - accepting grant funds for upgrading of certain City streets Mayor O'Reilly read Resolution 77-138 by title only. "A resolution of the Council of the City of Kenai accepting grant funds in the amount of $100, 000 from the Economic Development Administration as authorized by the Local Public Worsk Act == for the purpose of upgrading Lilac Street, Walker Lane, Lupine Drive, Fourth Street and Kaknu Way." W . ®i® Page 16 MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, for adoption of Resolution 77-138, accepting grant funds in the amount of $190, 000 for upgrading of Lilac Street, Walker Lane, Lupine Drive, 4th and Kaknu Way. Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. H. REPORTS 11-1: City Manager's Report 027 Mr. Wise stated that in addition to his report, as the Council was aware Vesta Leigh had proposed to install electricity to the area in which she leases from the City and share costs of installation with the City. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, that the City of Kenai authorize installation of electricity to Vesta Leigh's space in the Terminal Building and that the City share 60% of the costs of installation up to a maximum Of $800. Motion passed by roll call vote. Voting yes; Aekerly, Ambarian, Glick, and Sweet. Voting no; Malston and Whelan. Abstaining; O'Reilly With regard to the erosion of the bluff area, Mr. Wise asked for Council direction in pursuing the matter. MOTION., Councilman Sweet moved, seconded by Councilman Ambarian, that Administration be directed to contact the affected property owners and ask them to consider giving their land to the City before the City proceed with the bluff erosion problem. Motion passed by roll call vote. Voting yes; Ackerly, Glick Sweet and Whelan. Voting no; Ambarian and Malston. Abstaining, O'Reilly. City owned generator - Councilman Whelan requested that the City Manager research the status of a generator supposedly given to Homer Electric Association. Mr. Wise advised that homer Electric had stated that they never had possession of the generator but would look into the matter further. H-2: City Attorney's Report City Attorney Williams advised that the City should proceed with final payment to George Filler and not protest payment of the penalty and interest. City Attorney Williams advised that she had attended a 'searing in Anchorage this morning on the Kenai Baptist Temple matter and a decision should be forthcoming by the end of November. P f � 1 1 h u 9 'OCTOBER 5, 1977 Page 17 i I !� The Alcoholic Beverage Control Board had advised that a hearing would be hold in Kenai November 28th with regard to the protest against the ronewal of license for Oaken Keg #54 and that the City should prepare witnesses, etc. i H-3: Mayor's Report Mayor O'Reilly advised that there were four vacancies on the Planning Commission and it was dire that the vacancies be filled immediately. The following names were considered for nomination to the Commission: Phillip Bryson, Jerry Andrews, and Joan Konzek. Mayor O'Reilly asked for further input from Council before the next meeting. Mayor O'Reilly opened the meeting for nominations for Vice Mayor. Councilman Whelan' and Councilwoman Glick were nominated. After a tie ballot was cast, Councilwoman Glick withdrew and Councilman Whelan was selected as Vice Mayor of the Kenai City Council. Mayor O'Reilly opened the meeting to nomination for Borough Assembly Representative. Mayor O'Reilly and Councilman Ambarian were nominated. After several ballots, Mayor O'Reilly was selected to represent the City at the Borough Assembly for a one year term of office. 11-4: City Clerk's Report City Clerk Sue Peter requested Council permission to select another polling site as the Armory was not as convenient as other areas. Council so concurred and instructed the Clerk to investigate the possible sites and report back to them. City Clerk Sue Peter also stated that the question of order of roll call vote had been brought to her attention and Council agreed that the roll call vote order would be alphabetical hereinafter. H-5: Finance Director's Report Finance Director Ross Kinney requested a work session to be held at 7 p.m. Wednesday, October 12th for the purpose of the Management letter and Annual Audit. Finance Director Kinney also advised that there had been a substantial increase in insurance rates and would require Council permission to over -expend as adequate funds had not been allocated. Mr. Kinney further stated that he did not want to make a transfer until other alternatives such anti -recessionary funds, etc. had been settled. i MOTION: Councilman Sweet moved, seconded by Councilman Whelan, to authorize over- expenditure of the insurance account in non -departmental to provide for adequate insurance coverage for the City. After total costs are determined, appropriate transfers will be made to cover these expenditures. ` - OCTOBER 6, 1977 Page 16 Motion passed unanimously by roll call vote with Mayor O'Reilly abstaining. H-Gs Planning A Zoning Commission's Report Councilwoman Glick roportod that if Council had any input with regard to the rezoning ordinance changes, to please notify either members of the Commission or Councilwoman Glick. I I H-7: Kenai Peninsula Borough Assembly's Report None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None I ADJOURNMENT There being no further business to be brought before the Council, Mayor O'Reilly iadjourned the meeting at 12:40 p.m. Respectfully submitted, III -_ e C . Peter, City Clerk I ' ' I 1 i S � 0 CITY MANAGER'S REPORT #26 (October 5, 1977) 1. Ordinance No. 354-77 This ordinance is relative to the General Aviation Apron waterline and is scheduled for public hearing, as it was tabled at the last meeting. I am under the impression that at least part of the objections will be waived, enabling the City to proceed on approving the assessment ordinance. I will make contact with both parties to assure that we are aware of what to expect. Z. Ordinance No. 359-77 Thin ordinance is the disclosure ordinance which is scheduled for public hearing. 3. Ordinance No. 358-77 This ordinance is the amendment to the Airport Regulations and has been tabled due to no response from the FAA as to the concept. This ordinance specifically relates to situations where Wien was flying into the Airport on training for touch and goes and would require them to pay appropriate landing fees. 4. Persons Scheduled to Be Heard Polar has asked to be scheduled under this item. Their letter for revision of their lease application is included in your packet for Council discussion and possible action. 5. Confirming Actions Reguired We have several confirming actions required. The first is consent to assigqnment of lease from 'Ferguson to Cason for the east one-half I• of Lot 2, Block 1, Gusty Subdivision. The second is a transfer within the terminal fund for remodeling carpentry work. The third is Change Order No. 10-IN, which provides for the external standby power connections so that we can guarantee that the well remain in operation during a power outage. The fourth is a transfer within the terminal fund to provide funds for removal of the defective light pole we had in front of the terminal, which has been determined to be in a dangerous condition. I 6. Award of Bids Pipe Arch and Culverts This resolution is for award of bid for pipe arch and culverts. We need to award the bid so that we may put the pipe arch in before freeze-up. 7. Resolution No. 77-127 This is a transfer resolution to provide additional funds so that we award the following contract on the street light bid. The sum is substantial; however, we are in a situation where the State, at our request put in the street lights. When they were found to be faulty c t 7;J .City Manager's Report N26 ;Ppge 2 they made the corrections and the street lights did operate well during last winter. Therefore, apparently the electrical under- ground connections are satisfactory. We have some normal outages (burned out bulbs, broken reflectors) and three knocked down poles. The charges appear to be in order and standard for this type of work in this geographical area. S. Resolution No. 77-127 This resolution awards the contract for the actual repair and maintenance of the street lights. I would point out here that we will bill those responsible for the knock -downs and recover those costs. This will not be automatically absorbed by the City. 9. Resolution No. 77-124 This resolution is to modify the recent award of contract for lobby furniture inasmuch as we feel that the price is sufficiently low that we could order some additional furniture. We would like to formally modify that resolution and order several more units. To be legal, we need Council action even though the additional funds do not exceed the bid limitation. 10. Resolution Nos. 77-134, 77-135 and 77-136 This is a series of resolutions accepting EDA grants. There are three separate resolutions, accepting the Redoubt grant, the terminal paving grant and the water grant. The fourth resolution is needed and you will be asked to add it to your agenda if we receive the actual grant award in time. 11. Resolution No. 77-133 This is a resolution authorizing receipt of bids for the combination of paving of Redoubt Way, the five local roads projects and the terminal paving project. By combining the three projects into one major contract, it is expected that we will get a better unit price. 12. Change Order No. 9-IN This resolution asks for a change order, No. 9-IN, for the well. I believe that the language specifies that this is a safety dovice and the cost is minimal. However, because there is a cost, it must be 1 specifically acknowledged. 13. Resolution No. 77-137 This is a resolution awarding the bid for the paving contract. This ib to spot pave on Willow street and other areas that are — badly deteriorating. This at least will hopefully get us through =— = the winter and solve or relieve some of the very annoying problems `.4 we have in front of D 6 A and by Redoubt. I!I City Man g or ° ' Page 3 14. Relocation Allowance for Public Works Director This resolution would authorize a relocation allowance for the new Director of Public Works. A figure has been filled in, but it is subject to modification by the Council. lg� Lease of Lots 1, 2 and 3, Block 4, Fidalgo Subdivisions Bob Love This item is for lease by Bob Love for a sports center adjacent to the Court House. 16. Ordinance No. 365-77 We are asking for introduction of this ordinance, which will make changes in our transient parking regulations and will enable us to use the criteria now being used at Merrill Field and properly - and more effectively collect transient parking fees. 17. Smoke -Test Resultss Proposed Correspondence to Offending Buildinas We have drafted this smoke -test letter, which, upon approval, would be sent to all offending buildings. The text of the letter has gone to Loren Leman, the engineer from CH2M Hill and to the City Attorney for review. Once we receive an answer on this, the letter will be sent. is. Peninsula Fence Company The question of Peninsula Fence was faced at the last meeting. Enclosed is a letter which I prepared based on a report to I Councilwoman Glick and on recent review, there is no change in the situation and I feel that the letter stands. 19. Bluff Erosion I I have asked CH2M Hill to review the bluff erosion problem for us and their determination is that the actual line down the face of the bluff to the old sewage treatment plant is not in danger. The area is well -vegetated and the bank is holding remarkably well. i They do, however, acknowledge that the lateral extending from the vicinity of the Miller House to the tee where the line drops down F the bluff•is'in some danger. It is apparent that as the bluff is f eroding in those private properties fronting the road and fronting the sewerline, that the sewer line may shift. In this event, it is possible that we could rupture the line in that area. We have another problem in that we recently had further drop-off on the bluff property (private property). We have graded the area to provide some assurance that water will not stand on the bluff but -_ drain into the culvert that has been installed. We have two choicess j =- t we can barricade that unprotected portion of the bluff which would -- be infringing upon the property rights of the private property or ,wry, we could ask the property owners to dedicate it to the City and at City Manager's Report #26 ,Page 4 that time•, with the City becoming the owner of the property, we could ask for Corps of Engineers assistance and stabilize the bank at the actual water level. We could then use our funds to try to recede the top of the bank to develop some vegetation to hold the bank from further erosion. 20. Trailer Court on Beaverloop In reviewing the Borough minutes, the plat, there is no indication of any limitations as to the authorization by the City or the Borough for a trailer court in this area. I have contacted the Department of Environmental Conservation and they simply informed me that the current owner has agreed to meet all environmental considerations. However, it is noted that the trailer park does not have a license or permit in accordance with Alaska Statute 18.35.010-090. I have prepared a letter for transmission to the Department of Health and Social Services asking why they are not issuing those permits and why they have not issued a permit to this particular area and why they have not taken action under the statute. Copies will go to the other appropriate parties. 21. Mutual Aid Agreement The mutual aid agreement regarding fire services has been revised in accordance with the comments from Councilman Ambarian at the !e► last Council meeting. it is included in your packet for your i �J review. It is not scheduled for action by Council duo to the length of the agenda. Please note that the underlined material are the actual revisions. The material included in parentheses are the deletions. One significant proposed change relates to non -fire department equipment going out of the City. Another significant change is the loaning of equipment to only qualified j personnel. The third major change is that extra personnel costs I would be borne by the requesting agency. I feel that this change in personnel costs is extremely important because the City of Kenai lies in the middle and, therefore, will be the first to respond to an emergency either in Soldotna or Nikiski. We can be reasonably assured that -we would obviously be devoting more time to other people's problems than they would be devoting to us. 22. Federal Grant Requirement In regard to the federal grants, there is a requirement that 10% of the federal monies go to minority business enterprises. We have written the Alaska Office of Economic Development which has expressed interest in monitoring the program, informing them of the three major contracts and the set -asides that are required by the law. They have been informed of the bid opening dates and of the engineers responsible for the bid documents and specifications. 9W City M ag Pagan 5 e. 23. Kenai Municipal Airport Master Plan Stud Our Airport consultants called last week and informed me that they plan on coming to Kenai in mid -October for another public presentation. 24. Proposed Leasing Policy The Council scheduled a work session with the auditors to review the audit for the past year. I would like to ask that the Council consider adding to that work session, following discussion of the audit, the leasing policy that I have presented to the Council in the last packet. 25. Disposal of Sewage Treatment Plant Sludge We have, in our sand pit at the base of Candlelight, prepared a sludge pit for disposal of our treatment plant sludge. we are asking the State to approve it inasmuch as we need a place to dispose of that sludge which is actually causing us some problems in the plant as we have no place to put it. The Borough has refused to allow us to continue to dispose of sludge in the Borough land fill. 26. Request for Electrical Powers Vesta Leigh Vesta Leigh has requested electricity for her gift shop and asks in essence that the City fund, on a 50/50 basis, the installation of electrical outlets to bring power to her area. Our review indicates that the maximum cost of installing power would be $800. A 50/50 split would be $400 for the City and $400 for Ms. Leigh. 27. Lease of Airport Bar and Cafe and Current City Offices The lease to ACI for the cafe, bar and current City offices is being finalized by the City Attorney and I assume it will be available for Council action at their next regular meeting.